Bill Text: NY S06140 | 2013-2014 | General Assembly | Introduced


Bill Title: Requires the attorney general to prosecute New York city police officers charged with a criminal offense in violation of any of the laws of this state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LOCAL GOVERNMENT [S06140 Detail]

Download: New_York-2013-S06140-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6140
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 8, 2014
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the county law and the executive  law,  in  relation  to
         requiring the attorney general to prosecute New York city police offi-
         cers  charged  with a criminal offense in violation of any of the laws
         of this state
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 1 of section 700 of the county law, as amended
    2  by chapter 560 of the laws of 1991, is amended to read as follows:
    3    1. Except as provided in section seven hundred one of this chapter, it
    4  shall be the duty of every district attorney to conduct all prosecutions
    5  for crimes and offenses, EXCLUDING CRIMES AND OFFENSES ALLEGEDLY COMMIT-
    6  TED BY POLICE OFFICERS EMPLOYED BY A CITY HAVING  A  POPULATION  OF  ONE
    7  MILLION  OR MORE, cognizable by the courts of the county for which he or
    8  she shall have been elected or appointed; except when the place of trial
    9  of an indictment is changed from one county to another, it shall be  the
   10  duty  of  the  district  attorney  of the county where the indictment is
   11  found to conduct the trial of the indictment so removed, and it shall be
   12  the duty of the district attorney of the county to which such  trial  is
   13  changed  to assist in such trial upon the request of the district attor-
   14  ney of the county where the  indictment  was  found.  He  or  she  shall
   15  perform  such  additional and related duties as may be prescribed by law
   16  and directed by the board of supervisors.
   17    S 2. Section 700 of the county law is amended by adding a new subdivi-
   18  sion 1-a to read as follows:
   19    1-A. IT SHALL BE THE DUTY OF EVERY DISTRICT  ATTORNEY  TO  INFORM  THE
   20  ATTORNEY-GENERAL  OF  ANY  CRIMES  AND  OFFENSES  ALLEGEDLY COMMITTED BY
   21  POLICE OFFICERS EMPLOYED BY A CITY HAVING A POPULATION OF ONE MILLION OR
   22  MORE FOR FURTHER ACTION BY THE ATTORNEY-GENERAL, PURSUANT TO SUBDIVISION
   23  TEN-A OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
   24    S 3. Section 63 of the executive law is amended by adding a new subdi-
   25  vision 10-a to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09937-02-4
       S. 6140                             2
    1    10-A. PROSECUTE EVERY POLICE OFFICER EMPLOYED BY A CITY HAVING A POPU-
    2  LATION OF ONE MILLION OR MORE CHARGED WITH THE COMMISSION OF A  CRIMINAL
    3  OFFENSE  IN  VIOLATION  OF  ANY  OF  THE LAWS OF THIS STATE. IN ALL SUCH
    4  PROCEEDINGS, THE ATTORNEY-GENERAL MAY APPEAR IN PERSON OR BY HIS  DEPUTY
    5  OR  ASSISTANT  BEFORE  ANY  COURT OR ANY GRAND JURY AND EXERCISE ALL THE
    6  POWERS AND PERFORM  ALL  THE  DUTIES  IN  RESPECT  OF  SUCH  ACTIONS  OR
    7  PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
    8  REQUIRED TO EXERCISE OR PERFORM.
    9    S 4. This act shall take effect on the first of November next succeed-
   10  ing the date on which it shall have become a law.
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